Can a debt collector garnish my wages?
In Virginia, whether a debt collector can garnish your wages depends on the type of debt. Generally, creditors, such as banks, can garnish your wages without first obtaining a court order. However, debt collectors, such as collection agencies, must obtain a court order before they can garnish your wages. When a debt collector obtains a court order, it must notify you that it is taking legal action and provide details about the debt and the court order. Depending on the type of debt, it may be able to garnish up to 25% of your disposable wages per pay period. If you disagree with the debt, you can challenge it in court. In some cases, if the debt is too old, or if you have an agreement with the creditor, the court might throw out the case. If the court rules in favor of the debt collector, they will be able to garnish your wages. If a debt collector is garnishing your wages, you should contact a qualified attorney to determine your best course of action. Depending on your circumstances, there may be options available to reduce or eliminate the amount of money the debt collector can take.
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